The BBC reports that the South African Competition Commission has advised that GSK hold upwards fined 10% of its annual AIDs drug revenue inward the province every bit a penalisation for failing to brand the drugs available to the poor. Additionally, it has recommended that GSK together with Boehringer hold upwards made to grant compulsory licences inward supply for royalty payments to generic drug-makers, the aim beingness to promote contest betwixt the patent holders together with generics companies. The ruling was made on iii grounds:
1.Denial of access to an essential facility
2.Excessive pricing
3.Exclusionary activities
The illustration volition directly hold upwards passed on to the Competition Tribunal which has the ability to enforce it.
notes amongst involvement that this has been treated every bit a contest constabulary work rather than a patent constabulary problem, though he observes that the illustration was referred to the Commission inward 2002, earlier the measures to guarantee access to drugs introduced this twelvemonth inward Cancun. Traditionally at that topographic point has been somewhat of an antagonism betwixt the 2 areas of law. However, the ultimate aim of contest constabulary is to exercise goodness consumers past times providing a competitive marketplace spell patent constabulary likewise protects Earth involvement past times providing for compulsory licences of patents. Nevertheless, whichever plain of constabulary the number of access to drugs for the less well-off is tackled under, the lawsuit way the divergence betwixt life or expiry for millions of people.
Competition Commission press free here
Information on the AIDs work inward South Africa here and here
Information on AIDs drugs together with IP here
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